My spouse and I want to come to our own agreement about alimony. His income can vary a lot from month to month so we want to use a percentage instead of a specific dollar amount. Will the courts (and the IRS) accept this type of agreement?
As long as your agreement is not "unconscionable" the Court will likely grant a well articulated plan. There should probably be a mechanism set up for verification of income. The IRS has certain "recapture" rules on maintenance. It might be worth your time and a few hundred dollars to consult with a CPA or attorney experienced in recapture rules to make sure you don't have avrusk there.See question
My husband I u have been married a month in two days. His ex girlfriend with whom he has a five year old son, but hasn't been in a relationship with for at least two years, is claiming common law marriage and has a legal aid lawyer filing for diss...
Ms. Schriner is absolutely correct. Do not ignore the Petition. The law in Colorado is to be married at common law the parties must agree to be married and hold themselves out to the public as a married couple. It is rather difficult to prove common law marriage if one party insists there was no marriage. To show intent to be married things like putting each other on health insurance, filing joint tax returns, calling each other husband or wife will be good evidence.See question
My S.O. has custody of his 2 children. June 2015, he obtained that custody due to the mother in & out of jail, drug use, statement from roommate who mother lived with, the claims from the roommate & children of verbal/emotional/physical, etc. Moth...
The current parenting responsibilities order is critical in determining the proper course to take. Your SO really should sit down with a Family Law attorney, even if just for a 30 minute consultation to review the current order. Based on the stated facts your SO may be able to file a Motion for Sole Decision Making. Abandonment is a horse of a different color. That is primarily used when a step-parent wants to adopt a child and the natural parent has disappeared for a significant period of time with no contact and no way to contact that person.See question
12 yr old daughter, never married to mother, had every other week visitation, paid child support monthly, have had her every other week for 2 years.
There are several factors that go into child support. The amount of overnights is one factor. You must also take into consideration each parent's income, health insurance premiums, day care costs and possibly other expenses. In order to modify an existing child support order there must be a 10% change.See question
I currently have 50/50 custody for my 3 kids. I am also obligated to pay child support but I have now been facing difficulties to pay this month. Their mother didn't work at the time of the court date but she has now been working for over a year a...
Any time there is a change in circumstances that will generate a 10% change in the child support order a Motion to Modify child Support can be filed with the Court.See question
Divorce states we are to split children's medical bills 50/50.
If your Separation Agreement does not give a time frame in which to pay the bills then a judge may have to decide what is reasonable. However, you have to be sure that you are providing copies of the bills in a timely fashion as well. When you send him copies of the bills for reimbursement you might benefit from putting in a date by which his 1/2 should be paid to you. After a few times of sending statements and not getting any money you can then ask for Court help in the form of contempt or Motion to Enforce.See question
My husband has a 7 year old child that he has never talked to our even seen that he pays child support for. He wants to sign his rights over but was told he can't. What would the process be for him to be able to sign off?
Unless the mother is remarried and the step father wants to adopt the child there is very little chance of relinquishing his rights. Has he thought about getting to know this child and being an involved parent? It will take some time and probably reintegration counseling with the child. Mother will likely fight it but I've had many cases that have had some success in establishing some visitation for the non-custodial parent.See question
Me and my husband are separated he lives in Nebraska and I just moved to co with our child
Your child has to be domiciled in Colorado for six months before Colorado has jurisdiction over your child.See question
My ex husband has been on garnished payments for several years after he didn't pay for a couple of years. I have sole guardianship over our daughter after incidences of domestic violence in his home with his new wife (and frankly when he was with ...
The Court will likely impute income to your ex-husband. The only way for income to NOT be imputed is if your ex is going to back to school for a good faith career change. The 30 month exception for the age of the child only applies to a child of the parties together. However, he probably can use his other children on the child support worksheet as an offset - as can you if you have other children for which you do not get support. If you don't have a CSEU department collecting the support I suggest you get that set up immediately. He can also have his passport revoked if he gets too far in arrears.See question
My ex-husband has been paying child support regularly since our divorce over 5 years ago. I have recently been laid off from my job and have been unable to gain similar employment, so I want to modify the child support amount he pays me. He prov...
File a Motion to Modify Child Support. You can find all the forms you need to file on www.courts.state.co.us You BOTH are required to comply with Rule 16.2 which requires income disclosures. Both of you will be required to provide the other party three years full tax returns with W-2's and paycheck stubs, among other things. If he refuses to provide those items then you ask the Court to force him. Child support modification isn't that difficult, the hard part is getting the other party to comply. That is where having an attorney might be helpful. There are pro bono services that might be able to help if you can't afford an attorney.See question